In the contemporary workplace, fostering an environment that prioritizes safety, respect, and inclusion is not just an ethical obligation but a legal one. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“PoSH Act”) mandates organizations to actively prevent sexual harassment through awareness and actionable measures.
One of the critical requirements under Section 19(b) of the PoSH Act is the prominent display of posters outlining penalties for sexual harassment and details of the Internal Committee (“IC”). While this might seem administrative, the significance of such posters extends far beyond compliance.
What Does the Law Say?
Under Section 19(b), organizations are legally required to communicate their stance on sexual harassment by prominently displaying specific information in the workplace, including:
Penalties for Sexual Harassment: Organisations must highlight the consequences as a deterrent. Employees found guilty of sexual harassment may face severe penalties including termination of employment, salary deductions, suspension or transfer. The severity of the penalty depends on the nature of the offense. For employers, non-compliance can result in fines of up to ₹50,000, with repeat offenses leading to higher penalties including suspension or cancellation of business license.
Internal Committee Composition: Organizations are also required to display information about the IC, which is the authority responsible for addressing complaints of sexual harassment. This includes information on the IC’s composition, such as the number of members, their roles, and how to contact them.
What Do the Courts Say?
In 2022, a Public Interest Litigation (PIL) was filed by social activist Biyat Pragya Tripathy, urging the Court to ensure strict adherence to Section 19(b) of the PoSH Act.
Taking a proactive approach, the bench in Biyat Pragya Tripathy vs. Government of Odisha & Ors. 2022 recognized the critical need for accessible and visible information to combat workplace sexual harassment effectively.
Consequently, the Court issued directives to both the Central and State Governments, underscoring their obligation to ensure adherence to Section 19(b) of the PoSH Act.
The Court specifically mandated the installation of billboards or posters in all workplaces, containing the following:
Clear information about the legal consequences of engaging in sexual harassment;
A toll-free helpline number exclusively for women facing sexual harassment; and
A designated phone number for immediate reporting of sexual harassment at the workplace.
In its ruling, the Court highlighted the necessity of widespread dissemination of such information, emphasizing that visibility and accessibility are key to empowering women to come forward and report incidents without hesitation. The judgment also highlighted the preventive role of awareness, aiming to foster a culture of respect and safety in workplaces by reducing instances of sexual harassment through informed deterrence.
The Role of Posters in Shaping Workplace Culture
While the legal obligation to display posters is clear, their role is far more nuanced when viewed from a cultural perspective. Posters act as everyday visual reminders that reinforce the organization’s commitment to preventing sexual harassment. Their value lies in their ability to influence awareness, behaviour, and attitudes across the workplace.
Educating and Empowering Employees: Posters translate the complexities of the PoSH Act into accessible information. They serve as tools of empowerment, helping employees understand their rights, the processes for reporting sexual harassment, and the support available to them.
Reinforcing Cultural Values: By consistently showcasing messages of respect, equality, and accountability, organizations signal their intolerance for sexual harassment.
Acting as Preventive Measures: Posters serve as deterrents by clearly outlining the consequences of sexual harassment.
Engaging External Stakeholders: Candidates, clients, and visitors interacting with the workplace also take notice of these efforts, reflecting positively on the organization’s reputation. The posters serve as a declaration of the workplace’s dedication to safety and respect.
Conclusion: From Compliance to Culture
PoSH Act posters symbolize more than just legal adherence — they are a representation of an organization’s values and priorities. When designed and implemented effectively, they act as catalysts for creating workplaces where respect, safety, and inclusion are the norm. In this way, the mandate under Section 19(b) becomes a cornerstone of a larger movement toward workplaces that are genuinely equitable, safe, and inclusive.
What SHLC Can Do
SHLC can play a key role in fostering a safe and respectful workplace by designing and displaying posters that highlight the consequences of sexual harassment, provide clear reporting mechanisms, and reinforce the organization’s zero-tolerance policy. These posters, supported by training and awareness programs, not only ensure compliance with the PoSH Act but also serve as an ongoing reminder to employees about their rights and the resources available to them.
To learn more, please visit our website at https://shlc.in/ or contact us via email at contact@shlc.in. We look forward to assisting you in navigating the intricacies of PoSH and fostering a culture of inclusivity and respect within your organization.
Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to be legal advice. While we strive to provide accurate and up-to-date information, the law is constantly evolving. This blog post does not constitute a lawyer-client relationship and should not be used as a substitute for seeking professional legal advice. For specific PoSH-related questions and concerns, please consult with a qualified lawyer or PoSH expert.